The Federal Convention convened in the State
House (Independence Hall) in Philadelphia on May 14, 1787, to
revise the Articles of Confederation. Because the delegations
from only two states were at first present, the members
adjourned from day to day until a quorum of seven states was
obtained on May 25. Through discussion and debate it became
clear by mid-June that, rather than amend the existing
Articles, the Convention would draft an entirely new frame of
government. All through the summer, in closed sessions, the
delegates debated, and redrafted the articles of the new
Constitution. Among the chief points at issue were how much
power to allow the central government, how many
representatives in Congress to allow each state, and how these
representatives should be elected--directly by the people or
by the state legislators. The work of many minds, the
Constitution stands as a model of cooperative statesmanship
and the art of compromise.
The following text is a transcription of the Constitution in
its original form. Some items have since been amended or
superseded.
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this Constitution for the
United States of America.
Article I
* Section 1
All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate
and House of Representatives.
* Section 2
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States,
and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the
State Legislature.
No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven Years
a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State in
which he shall be chosen.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other
Persons. The actual Enumeration shall be made within three
Years after the first Meeting of the Congress of the United
States, and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty
Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made, the
State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse their Speaker and
other Officers; and
shall have the sole Power of Impeachment.
* Section 3
The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof
for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of
the first Election, they shall be divided as equally as may be
into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if
Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next Meeting of the
Legislature, which shall then fill such
Vacancies.
No Person shall be a Senator who shall not have attained to
the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of
the Senate, but shall have no Vote, unless they be equally
divided.
The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the
United States.
The Senate shall have the sole Power to try all Impeachments.
When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried,
the Chief Justice shall preside: And no Person shall be
convicted without the Concurrence of two thirds of the Members
present.
Judgment in Cases of Impeachment shall not extend further than
to removal from Office, and disqualification to hold and enjoy
any Office of honor, Trust or Profit under the United States:
but the Party convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and Punishment,
according to Law.
* Section 4
The Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of
chusing Senators.
The Congress shall assemble at least once in every Year, and
such Meeting shall be on the first Monday in December, unless
they shall by Law appoint a different Day.
* Section 5
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each
shall constitute a Quorum to do Business;
but a smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members, in such
Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish
its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in
their Judgment require Secrecy; and the Yeas and Nays of the
Members of either House on any question shall, at the Desire
of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without
the Consent of the other, adjourn for more than three days,
nor to any other Place than that in which the two Houses shall
be sitting.
* Section 6
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of
the Treasury of the United States. They shall in all Cases,
except Treason, Felony and Breach of the Peace, be privileged
from Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from the
same; and for any Speech or Debate in either House, they shall
not be questioned in any other Place.
No Senator or Representative shall, during the Time for which
he was elected, be appointed to any civil Office under the
Authority of the United States, which shall have been created,
or the Emoluments whereof shall have been encreased during
such time; and no Person holding any Office under the United
States, shall be a Member of either House during his
Continuance in Office.
* Section 7
All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a Law,
be presented to the President of the United States: If he
approve he shall sign it, but if not he shall return it, with
his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall become a
Law. But in all such Cases the Votes of both Houses shall be
determined by yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays excepted)
after it shall have been presented to him, the Same shall be a
Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of
the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to
the President of the United States; and before the Same shall
take Effect, shall be approved by him, or being disapproved by
him, shall be repassed by two thirds of the Senate and House
of Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.
* Section 8
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general
Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities
and current Coin of
the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the
high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to
that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land
and naval Forces;
To provide for calling forth the Militia to execute the Laws
of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the
Militia, and for governing
such Part of them as may be employed in the Service of the
United States,
reserving to the States respectively, the Appointment of the
Officers, and the
Authority of training the Militia according to the discipline
prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not
exceeding ten Miles square) as may, by Cession of particular
States, and the
Acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
* Section 9
The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or duty may be imposed on
such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or enumeration herein before directed
to be taken.
No Tax or Duty shall be laid on Articles exported from any
State.
No Preference shall be given by any Regulation of Commerce or
Revenue to the
Ports of one State over those of another; nor shall Vessels
bound to, or from, one
State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money
shall be published from time to time.
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
* Section 10
No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit; make
any Thing but gold
and silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or
grant any Title of
Nobility.
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it's
inspection Laws: and the net Produce of all Duties and
Imposts, laid by any State on Imports or Exports, shall be for
the Use of the Treasury of the United States; and all such
Laws shall be subject to the Revision and Controul of the
Congress.
No State shall, without the Consent of Congress, lay any Duty
of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact
with another State, or with a foreign Power, or engage in War,
unless actually
invaded, or in such imminent Danger as will not admit of
delay.
Article II
* Section 1
The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the
Term of four Years, and, together with the Vice President,
chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature
thereof may direct, a
Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the
Congress: but no Senator or Representative, or Person holding
an Office of Trust or Profit under the United States, shall be
appointed an Elector.
The Electors shall meet in their respective States, and vote
by Ballot for two Persons, of whom one at least shall not be
an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons
voted for, and of the
Number of Votes for each; which List they shall sign and
certify, and transmit
sealed to the Seat of the Government of the United States,
directed to the President of the Senate. The President of the
Senate shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number
of Votes shall be the President, if such Number be a Majority
of the whole Number of Electors appointed; and if there be
more than one who have such Majority, and have an equal Number
of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for
this purpose shall consist of a Member or Members from two
thirds of the States, and a Majority of all the States shall
be necessary to a Choice. In every Case, after the Choice of
the President, the Person having the greatest Number of Votes
of the Electors shall be the Vice President. But if there
should remain two or more who have equal Votes, the Senate
shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors,
and the Day on
which they shall give their Votes; which Day shall be the same
throughout the
United States.
No Person except a natural born Citizen, or a Citizen of the
United States, at the
time of the Adoption of this Constitution, shall be eligible
to the Office of President; neither shall any Person be
eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen
Years a Resident within
the United States.
In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and
Duties of the said Office, the Same shall devolve on the Vice
President, and the Congress may by Law provide for the Case of
Removal, Death, Resignation or Inability, both of the
President and Vice President, declaring what Officer shall
then act as President, and such Officer shall act accordingly,
until the Disability be removed, or a President shall be
elected.
The President shall, at stated Times, receive for his
Services, a Compensation,
which shall neither be increased nor diminished during the
Period for which he
shall have been elected, and he shall not receive within that
Period any other
Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take
the following Oath or
Affirmation:--"I do solemnly swear (or affirm) that I will
faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States."
* Section 2
The President shall be Commander in Chief of the Army and Navy
of the United
States, and of the Militia of the several States, when called
into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of
the executive Departments, upon any Subject relating to the
Duties of their respective Offices, and he shall have Power to
grant Reprieves and
Pardons for Offences against the United States, except in
Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the
Senate, to make
Treaties, provided two thirds of the Senators present concur;
and he shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law
vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in
the Heads of Departments.
The President shall have Power to fill up all Vacancies that
may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next
Session.
* Section 3
He shall from time to time give to the Congress Information of
the State of the Union, and recommend to their Consideration
such Measures as he shall judge
necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of
Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall
think proper; he shall receive Ambassadors and other public
Ministers; he
shall take Care that the Laws be faithfully executed, and
shall Commission all the Officers of the United States.
* Section 4
The President, Vice President and all civil Officers of the
United States, shall be
removed from Office on Impeachment for, and Conviction of,
Treason, Bribery, or
other high Crimes and Misdemeanors.
Article III
* Section 1
The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of
the supreme and inferior Courts, shall hold their
Offices during good Behaviour, and shall, at stated Times,
receive for their Services a Compensation, which shall not be
diminished during their Continuance in Office.
* Section 2
The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be made,
under their Authority;--to all Cases affecting Ambassadors,
other public Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to which the
United States shall be a Party;--to Controversies between two
or more States;-- between a State and Citizens of another
State;-- between Citizens of different States;--between
Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
The Trial of all Crimes, except in Cases of Impeachment, shall
be by Jury; and such Trial shall be held in the State where
the said Crimes shall have been committed; but when not
committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
* Section 3
Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be convicted of
Treason unless on the Testimony of two Witnesses to the same
overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of
Treason, but no
Attainder of Treason shall work Corruption of Blood, or
Forfeiture except during
the Life of the Person attainted.
Article. IV
* Section 1
Full Faith and Credit shall be given in each State to the
public Acts, Records, and
judicial Proceedings of every other State. And the Congress
may by general Laws prescribe the Manner in which such Acts,
Records and Proceedings shall be proved, and the Effect
thereof.
* Section 2
The Citizens of each State shall be entitled to all Privileges
and Immunities of
Citizens in the several States.
A Person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the State
from which he fled, be delivered up, to be removed to the
State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of
any Law or Regulation therein, be discharged from such Service
or Labour, but shall be delivered up on Claim of the Party to
whom such Service or Labour may be due.
* Section 3
New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by
the Junction of two or more States, or Parts of States,
without the Consent of the Legislatures of the States
concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all
needful Rules and
Regulations respecting the Territory or other Property
belonging to the United
States; and nothing in this Constitution shall be so construed
as to Prejudice any
Claims of the United States, or of any particular State.
* Section 4
The United States shall guarantee to every State in this Union
a Republican Form of Government, and shall protect each of
them against Invasion; and on Application of the Legislature,
or of the Executive (when the Legislature cannot be convened),
against domestic Violence.
Article V
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all
Intents and
Purposes, as Part of this Constitution, when ratified by the
Legislatures of three
fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment
which may be made prior to the Year One thousand eight hundred
and eight shall in any Manner affect the first and fourth
Clauses in the Ninth Section of the first Article; and that no
State, without its Consent, shall be deprived of its equal
Suffrage in the Senate.
Article VI
All Debts contracted and Engagements entered into, before the
Adoption of this
Constitution, shall be as valid against the United States
under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which
shall be made in
Pursuance thereof; and all Treaties made, or which shall be
made, under the
Authority of the United States, shall be the supreme Law of
the Land; and the
Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary
notwithstanding.
The Senators and Representatives before mentioned, and the
Members of the
several State Legislatures, and all executive and judicial
Officers, both of the
United States and of the several States, shall be bound by
Oath or Affirmation, to
support this Constitution; but no religious Test shall ever be
required as a
Qualification to any Office or public Trust under the United
States.
Article VII
The Ratification of the Conventions of nine States, shall be
sufficient for the
Establishment of this Constitution between the States so
ratifying the Same.
The Word, "the," being interlined between the seventh and
eighth Lines of the first Page, the Word "Thirty" being partly
written on an Erazure in the fifteenth Line of the first Page,
The Words "is tried" being interlined between the thirty
second and thirty third Lines of the first Page and the Word
"the" being interlined between the forty third and forty
fourth Lines of the second Page.
Attest William Jackson Secretary
Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth In
witness whereof We have hereunto subscribed our Names,
G°. Washington
Presidt and deputy from Virginia
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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